The Unconstitutionality of Summary Judgment: A Status Report
Suja A. Thomas
University of Illinois College of Law
Iowa Law Review, Vol. 93, No. 5, 2008
Summary judgment is unconstitutional. This symposium article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional published by the Virginia Law Review. This article also describes the attention that the thesis has begun to receive in the federal courts and in media.
Number of Pages in PDF File: 11
Keywords: summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum
JEL Classification: J7, K40, K41Accepted Paper Series
Date posted: April 9, 2008 ; Last revised: September 30, 2008
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